Overview · Filed: —
APL_3507/2024
AppealsMain AppealCourt of AppealAppeal RoP220.2—
This case cites
Authorities cited within the decisions on file for this case.
Rules of Procedure · 3
| Target | Legal point | Strength | Excerpt |
|---|---|---|---|
| 295 | stay pending EPO opposition; rapid decision criterion | Binding | Pursuant to Article 33(10) UPCA and Rule 295(a) RoP, an exception to the principle that the Court will not stay revocation proceedings pending opposition proceedings applies where a rapid EPO decision may be expected |
| Preamble para. 2 | proportionality, flexibility, fairness, equity | Binding | on the basis of the principles of proportionality, flexibility, fairness and equity (point 2 of the Preamble of the RoP). |
| Preamble para. 7 | one-year target for oral hearing | Binding | proceedings must be conducted in a way which will normally allow the final oral hearing at first instance to take place within one year (point 7 of the Preamble of the RoP). |
EPC article · 2
| Target | Legal point | Strength | Excerpt |
|---|---|---|---|
| 33 | stay of revocation proceedings pending EPO opposition | Binding | Article 33(10) UPCA and Rule 295(a) RoP must be applied and interpreted in accordance with the fundamental right to an effective legal remedy and a fair and public hearing within a reasonable time |
| 41 | proportionality and fairness in proceedings | Binding | must also be applied and interpreted in accordance with Articles 41(3), 42 and 52(1) UPCA on the basis of the principles of proportionality, flexibility, fairness and equity |
courtName.other · 2
| Target | Legal point | Strength | Excerpt |
|---|---|---|---|
| ECHR Art. 6 | right to effective legal remedy and fair hearing | Background | must be applied and interpreted in accordance with the fundamental right to an effective legal remedy and a fair and public hearing within a reasonable time as guaranteed by Article 6 of the European Convention for the Protection of Human Rights |
| EU Charter Art. 47 | right to effective remedy | Background | to the extent that European Union Law is concerned, Article 47 of the Charter. |
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